Public works stop payment notice summary proceeding: notice of hearing on motion for determination of rights at least 5 days before hearing
5 days before date of the hearing on the motion, under Cal. Civ. Code 9408(b), (c).
Rule text
Civ. Code 9408(b): "After commencement of the action, either the direct contractor or the claimant may move the court for a determination of rights under the affidavit and counteraffidavit. The party making the motion shall give not less than five days’ notice of the hearing to the public entity and to the other party." (c): "Notwithstanding Section 8116, when notice of the hearing is made by mail, the notice is complete on the fifth day following deposit of the notice in the mail." (d): "The court shall hear the motion within 15 days after the date of the motion, unless the court continues the hearing for good cause."
Calculate this deadline
- Trigger (Date of the hearing on the motion): Friday, November 6, 2026.
- Count back 5 calendar days: Sunday, November 1, 2026.
- That day is a Sunday. Counting backward, this calculator uses the earlier court day so the full notice period is preserved: Friday, October 30, 2026 (see Cal. Code Civ. Proc. 12c).
Cal. Civ. Code 9408(b), (c)
Civ. Code 9408(b): "After commencement of the action, either the direct contractor or the claimant may move the court for a determination of rights under the affidavit and counteraffidavit. The party making the motion shall give not less than five days’ notice of the hearing to the public entity and to the other party." (c): "Notwithstanding Section 8116, when notice of the hearing is made by mail, the notice is complete on the fifth day following deposit of the notice in the mail." (d): "The court shall hear the motion within 15 days after the date of the motion, unless the court continues the hearing for good cause."Official source
Cal. Code Civ. Proc. 12, 12a, 12b, 10; Cal. Rules of Court, rule 1.10
CCP 12: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." CCP 12a(a): "If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays." CCP 12b: "If any city, county, state, or public office, other than a branch office, is closed for the whole of any day, insofar as the business of that office is concerned, that day shall be considered as a holiday for the purposes of computing time under Sections 12 and 12a." CCP 10: "Holidays within the meaning of this code are every Sunday and any other days that are specified or provided for as judicial holidays in Section 135."Official source
- Counting backward from a hearing or trial, when the day lands on a weekend or holiday we use the earlier court day. The rules do not state the direction expressly; confirm with the court.
- Notice to the public entity and the other party. Mailed notice is complete on the 5th day after deposit, so mail at least 10 days before. Follows the direct contractor's affidavit (9402), the entity's 10-to-20-day counteraffidavit notice (9404) and the counteraffidavit (9406).
- If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.
This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.
Worked example
Date of the hearing on the motion on Monday, March 15, 2027, personal service: due Wednesday, March 10, 2027.
- Trigger (Date of the hearing on the motion): Monday, March 15, 2027.
- Count back 5 calendar days: Wednesday, March 10, 2027.
Notes
Notice to the public entity and the other party. Mailed notice is complete on the 5th day after deposit, so mail at least 10 days before. Follows the direct contractor's affidavit (9402), the entity's 10-to-20-day counteraffidavit notice (9404) and the counteraffidavit (9406).
Related deadlines
- Mechanics lien release order: owner's demand for release must be given at least 10 days before filing the petition (earliest petition date) (10 days after)
- Mechanics lien release order petition: hearing set not more than 30 days after filing (30 days after)
- Mechanics lien release order petition: court must rule not later than 60 days after filing (60 days after)
- Mechanics lien release order petition: serve petition and notice of hearing on claimant at least 15 days before the hearing (15 days before)
- Public works stop payment notice summary proceeding: court hears the motion within 15 days after the motion (15 days after)
Local rules by county
County local rules and courtroom procedures can add to or change this deadline. Pick a county to calculate with them applied.
- Alameda
- Alpine
- Amador
- Butte
- Calaveras
- Colusa
- Contra Costa
- Del Norte
- El Dorado
- Fresno
- Glenn
- Humboldt
- Imperial
- Inyo
- Kern
- Kings
- Lake
- Lassen
- Los Angeles
- Madera
- Marin
- Mariposa
- Mendocino
- Merced
- Modoc
- Mono
- Monterey
- Napa
- Nevada
- Orange
- Placer
- Plumas
- Riverside
- Sacramento
- San Benito
- San Bernardino
- San Diego
- San Francisco
- San Joaquin
- San Luis Obispo
- San Mateo
- Santa Barbara
- Santa Clara
- Santa Cruz
- Shasta
- Sierra
- Siskiyou
- Solano
- Sonoma
- Stanislaus
- Sutter
- Tehama
- Trinity
- Tulare
- Tuolumne
- Ventura
- Yolo
- Yuba
Rules current as of 2026-10-25. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.